- 15 - The doubtful collectibility of the $600,000 in dispute is established by the contingent nature of petitioner's right to receive any further payments and by Clinch River's serious financial condition and history of delinquent payments under the various contracts. These factors taken together constitute and are to be regarded as more than mere obstacles postponing payment and receipt of the $600,000 in dispute. The combination of the contingent nature of the payments that were due and the severe financial condition of Clinch River created serious and reasonable doubt as to whether petitioner would ever collect any portion of the $600,000 in dispute and justify, in this case, nonaccrual of this $600,000 in petitioner's 1989 taxable year. The fact that petitioner, in subsequent years, sued Clinch River for recovery of the full balance due under the original October 1987 contract does not alter our conclusion herein. Such legal action, in this case, must be regarded as merely protective and perfunctory. It did not alter or eliminate the price reductions that had occurred and that respondent recognizes herein, and it did not alter or eliminate the unlikelihood that petitioner would receive any additional payment from Clinch River. Because we hold for petitioner as to nonaccrual of the $600,000 in dispute, we need not address petitioner's alternativePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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